The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-11-20
THE UTAH QUESTION.
Mr.. George Tickuor Curtis's ODinion or tho
Validity Of the Mormon Offer to Agree
to Limit the New states SOvc rcIguty.

1HG tLdh DtLSlloSs
Mr.. George Ticknor Curtis's Opinion or tho
Validity Of the Mormon Offer to Agree
to Limit the New states Sovereignty.
The Mormons of Utah, acting through
| their authorized agents, have submitted to Mr..
George Ticknor Curtis tho anti -polygamy
claims of their proposed State Constitution.
which offer to covenant with the United
F, States that in these respects the Constitution
shall never be amended or changed without
| the consent OF Congress-. Mr.. Curtis's opinion
has been published in a pamphlet of twenty
two pages, under tho title. Limitation OF
State Sovereignty by Compact with the United
States" 1t has been assumed by many of the
| writer's in the press in different parts of tho
| Union that since compact would be OF
no binding force or efficacy. because the
people of Utah. q majority of whom are
| Mormons. could. after the State had been ad-
United into the Union. change their constitu-
| ton at their own pleasure. In other words 1t
is claimed that the sovereignty Of a State can
| not be limited by II compact with the United
States. in matter relating to one of its domes-
tie concerns, Notwithstanding its people covo-
nnnt that it shall be SO limited Mr.. Curtis
| comes to the opposite conclusion. He shows that
the proposed compact would not be anew or
| would not be repngnant to our system OF GOV.
/ ernment. He examines all the important pre-
| CeuentS OF UGnllSSOn OF new States, and thus
gives his conclusions:
which state shs be admitted into the Tno% and
on which any other state has been Teuured 10 mats
provision in is consai@n M mat II each They
ton Of the state asking admission.
ay ihs rs
he s e9Sns OF I m be 70
new STATE thsmsslSss previous rsaSrs.
m.Ks sher mode Sson When ase eo 't
&. Sac saa s
ThiTdIIhat the compact SO mad. may be one that
s.% or the a the Of 5 its
sHG or s %" soms %s. snsi ,,nv m r,,r
s % "f viii may e Dc Se or &
for s e., the % n Of The
nited under this Constitution would bind themselves
and 6sy the Of congress. !" Mo
Sc thu fom n The e nai
similar compacts have been made with other new States.
Mr.. Curtis further considers what the remedy
would be in case the people of Utah should I'M
dertake to break the compact between the
State and the United States. On this he says:
ion have asked to give for me to point out
as the u Rs%Rs s of
were re to I? repeal or
] So na'SaHfs ssss"n
my G would be rather Wild srppos,ion IN asmuch
sufh as.iSm could fys Legal sxtsnee WhSsyert9
ina. they would ever be entered into But lei he
position That the breach Of the proposal Compact
myse fnsx remedy m IT os with
There i clause n the Consttution Of the United
la,ivs power t" carry mo ese. Of that
ton The clause is the last in Section OF Article L.
The Congress shall have power to make ali laws
which shall be necessary and proper for CARRYING into
:" this IN The sp s
as nse Or n any 10 or thu
Of implied powers nt the construction and opera
aass
,,onsress, the p"wcr to admit states into tho
rons s Gf TITS n as S yer.
a p; rssh
civ w,So" ever mas being Rss" saeesss
.y c.oSss w 2pss'HRh wasls: G%R
aHs
n is %d os a ~f S" ~o ps rtss s ..
strain or punish iplvidua!s VINO should undertake. TO
fss,ie %@sh s.!. with The tnitsi
lie S,ass' 80 SUITE shall wiihoa, the Consent 4
wh "Ps5 xSa 4 70 DO
ndviaas should do any act in carrying out the
r" @ or y or o s Ri
legislation has not been because it could not constu
wbr Hs ei ,G no rs STATE broke spscs compact
undertook by secession from the Union TO break the
States that !; embraced in nc Constitution, had
crate %p" tie habaS Of tGoe st"tet; and TIT Viii
not do ~ the present dtv question the tundamena
principle on which much of that legislation based.
Mr.. Curtis next takes up and examines the |
proposal made in the last Congress to amend |
the Federal Constitution so rs to make p0yg- |
amy amy IN a. the States mn ,otenro against the
United states r as preferable mode instead Of
tion for that state He strongly crticises the |
different PROVISIONS of this proposed amend
ent ana uncalled for, ana on three of the sec
tions he says:
Al ne sections and introduce besides the dehn
the sexes Polysamy easily defined "a the marriage
association cohsbaon between the sexes Is either
distinct osnse lie franers Of The amsndm NC I hays
eoI asn n II ana they Probably could not what
polyg1ny has been aOnndanty and cruelty Illustrated
Ltah, where men who did NOS live with any plural wife
showing perfectly nnoe emt aud harmless sRoms
to women whom they married long before there was
any law prohibiting such marriages
Mr.. Curtis's opinion concludes as follows;
speaking aS citizen of the United States and OF one
OF the States Of the Union should be unateraby op
power regulate the marriage relation Ia any form in
me states IN the Territories and IN the District Of Co
!he marriage relation that needfn and in respect to
the territories more authority than has been wisely
what pnlygaiy remains in a nierciu and CHRISTIAN |
d saying that the Compact which tSi Mormon aaaSi
tants Of Utah now onerts make with the United States
thing that can be desired.
Five thousand copies Of Mr.. Curtis's opinion
DrintaH